Militia (United States) - Wikipedia
A well regulated militia, being necessary to the security of a free State, the right of 5 Other quotes; 6 Misattributed; 7 External links .. The unlimited power of the sword is not in the hands of either the federal or state governments, but, where .. Control criminals not guns; criminals by definition are lawbreakers and will not . The Constitution of the United States of America: Analysis and Interpretation. s; CRS Annotated Constitution: Article 1 · "Resources. United States Constitution at Wikisource Saxbe fix · Separation of church and state; Separation of powers National Archives.
A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. He was later a leader of those who pressed for the addition of explicitly stated individual rights as part of the U.
I ask, who are the militia? They consist now of the whole people, except a few public officers.What Does the Second Amendment REALLY Mean? - US v. Miller
But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor.
That the People have a right to keep and bear Arms; that a well regulated Militia, composed of the Body of the People, trained to arms, is the proper, natural, and safe Defence of a free state. Within Mason's declaration of "the essential and unalienable Rights of the People", later adopted by the Virginia ratification convention Patrick Henry[ edit ] Guard with jealous attention the public liberty.
Second Amendment to the United States Constitution
Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.
My great objection to this government is, that it does not leave us the means of defending our rights or of waging war against tyrants. Tench Coxe[ edit ] The militia, who are in fact the effective part of the people at large, will render many troops quite unnecessary. They will form a powerful check upon the regular troops, and will generally be sufficient to over-awe them.
The power of the sword, say the minority of Pennsylvania, is in the hands of Congress. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.
The power of the sword, say the minority My friends and countrymen, it is not so, for The powers of the sword are in the hands of the yeomanry of America from sixteen to sixty.
State defense force - Wikipedia
Are they not ourselves? Congress has no power to disarm the militia. Their swords and every terrible implement of the soldier are the birthright of Americans. The unlimited power of the sword is not in the hands of either the federal or state governments but where, I trust in God, it will always remain, in the hands of the people.
Thomas Paine[ edit ] [A]rms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property.
Tenth Amendment to the United States Constitution
The balance of power is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up.
Horrid mischief would ensue were one half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.
Alexander Hamilton[ edit ] If circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens.
This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist. Alexander HamiltonFederalist No. To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss.
It would form an annual deduction from the productive labor of the country, to an amount which, calculating upon the present numbers of the people, would not fall far short of the whole expense of the civil establishments of all the States.
To attempt a thing which would abridge the mass of labor and industry to so considerable an extent, would be unwise: Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year. Noah Webster[ edit ] Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe.
The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States. Melancton Smith[ edit ] A militia when properly formed are in fact the people themselves To preserve liberty it is essential that the whole body of the people always posses arms, and be taught alike, especially when young, how to use them The mind that aims at a select militia, must be influenced by a truly anti-republican principle.
Fisher Ames[ edit ] The rights of conscience, of bearing arms, of changing the government, are declared to be inherent in the people.
Fisher AmesLetter to F. Minoe, June 12, reporting to Minoe on the amendments proposed by Madison. Other quotes[ edit ] Because there is nothing proportionate between the armed and the unarmed; and it is not reasonable that he who is armed should yield obedience willingly to him who is unarmed, or that the unarmed man should be secure among armed servants. Because, there being in the one disdain and in the other suspicion, it is not possible for them to work well together.
Also quoted in Machiavelli: A Biographyby Miles J. This is often quoted as: There can be no proper relation between one who is armed and one who is not. Nor it is reasonable to expect that one who is armed will voluntarily obey one who is not.
The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and when the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction. The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject.
The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people.
Article One of the United States Constitution - Wikipedia
The third, which was challenged in the case, obliged states to take title to any waste within their borders that was not disposed of prior to January 1,and made each state liable for all damages directly related to the waste. The Court ruled that the imposition of that obligation on the states violated the Tenth Amendment.
Justice Sandra Day O'Connor wrote that the federal government can encourage the states to adopt certain regulations through the spending power e. Dole or through the commerce power by directly pre-empting state law.
However, Congress cannot directly compel states to enforce federal regulations. The act required state and local law enforcement officials to conduct background checks on people attempting to purchase handguns.
Justice Antonin Scaliawriting for the majority, applied New York v. United States to show that the act violated the Tenth Amendment. Since the act "forced participation of the State's executive in the actual administration of a federal program", it was unconstitutional.
National Collegiate Athletic Association the Supreme Court ruled that the Professional and Amateur Sports Protection Act ofwhich prohibited states that banned sports betting when the law was enacted from legalizing it, violated the anti-commandeering doctrine and invalided the entire law.
The Court ruled that the anti-commandeering doctrine applied to congressional attempts to prevent the states from taking a certain action as much as it applied in New York and Printz to Congress requiring states to enforce federal law. The rationale was that a farmer's growing "his own wheat" can have a substantial cumulative effect on interstate commerce, because if all farmers were to exceed their production quotas, a significant amount of wheat would either not be sold on the market or would be bought from other producers.
Hence, in the aggregate, if farmers were allowed to consume their own wheat, it would affect the interstate market in wheat. Lopez a federal law mandating a " gun-free zone " on and around public school campuses was struck down because, the Supreme Court ruled, there was no clause in the Constitution authorizing it. This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause.
The opinion did not mention the Tenth Amendment or the Court's Garcia decision. Most recently, in Gonzales v. Raich a California woman sued the Drug Enforcement Administration after her medical cannabis crop was seized and destroyed by federal agents. Medical cannabis was explicitly made legal under California state law by Propositiondespite cannabis being prohibited at the federal level by the Controlled Substances Act.
Even though the woman grew cannabis strictly for her own consumption and never sold any, the Supreme Court stated that growing one's own cannabis affects the interstate market of cannabis. The theory was that the cannabis could enter the stream of interstate commerce, even if it clearly wasn't grown for that purpose and that was unlikely ever to happen the same reasoning as in Wickard v.
It therefore ruled that this practice may be regulated by the federal government under the authority of the Commerce Clause. Supremacy Clause[ edit ] In Cooper v.
- Militia (United States)
- Federal government of the United States
- Separation of powers under the United States Constitution
Aaron the Supreme Court dealt with states' rights and the Tenth Amendment. The case came about when conflicts arose in direct response to the ruling of another landmark case, Brown v. Board of Education